Judge sides with CBGB, blasts BRC

Manhattan Civil Court Judge Joan Kenney ruled that CBGB wasn't witholding rent from the Bowery Resident's Association, and that the club cannot therefore be evicted for that reason. [NY Daily News]

Much better coverage in today's edition amNew York City. Sorry, no link. I rescued the story from New York Newsday's .pdf of amNew York:

Club does not owe any rent, but still must get new lease
BY MICHAEL CLANCY
amNewYork City Editor

A Manhattan judge gave CBGB a huge lift in its battle for survival yesterday, while slamming the club’s landlord. The club where punk was born is a “landmark” that does not owe any back rent to its landlord, the Bowery Residents Committee (BRC), non-profit that serves the homeless, Civil Court Judge Joan M. Kenney ruled.

The opinion settled a rent dispute over $90,000 and went further to suggest that the homeless shelter was trying drive out Hilly Kristal and the club he opened in1973 A new lease between CBGB and the BRC still needs to be worked out for the club to stay open, but the landlord has been making CB’s disputed rent payments major sticking point of the negotiations.

The Save CBGB Coalition, lead by musician Steven Van Zandt, issued a statementsaying it was “thrilled.” “CBGB has always been a good tenant and this issue of non-payment of back rent has been shown to be completely false,” the statement said. “We hope to move forward with lease renewal negotiations and see no reason why this should be stalled any longer.”

The BRC’s executive director, Muzzy Rosenblatt, said he was unaware of the decision and wouldn’t comment.

Kenney wrote that it was unclear from court filings whether the BRC, “with suspect accounting, intentionally orchestrated a scenario, that precluded CBGB from satisfying the terms.”

The decision also seemed to suggest that Rosenblatt was exploiting his non-profit’s mission in the dispute.“To contend that CBGB’s rent impacts upon (BRC’s) ability to provide for the homeless, is not particularly forthright,” the decision read. “It would be unconscionable for this court to allow the petitioner to proceed with its intent to evict CBGB. . . because it failed to notice that monies were outstanding for approximately four years.”

The court credited the club with “being the anchor of what has become the ‘renaissance’of the Bowery.”

Comments

[Thad]

Awesome! That's huge. I had basically assumed that because Hilly is, well, a sketchy rock club owner, the BRC were probably correct that he owed them back rent. I guess even that wasn't true.

[mudkitty]

Hozanas from the left coast.

[Strange Forces]

Hot damn!

[bjr@yahoo.com]

get this club on the national register of historic landmarks. maybe then the last punk in america will lose his mohawk and stop hanging around outside the record shop.